guild icon
Mayflower District Court
#richardm-v-empyrael2223
This is the start of #richardm-v-empyrael2223 channel.
clerkFlow
clerkFlow Bot2025-12-10 07:34 p.m.
New Case
Richardm v. Empyrael2223
Case Type
Civil
clerkFlow pinned a message to this channel.2026-01-18 03:12 p.m.
clerkFlow
clerkFlow Bot2025-12-10 07:34 p.m.
Channel Permissions Synced
Permissions have been synced to Chambers of Magistrate RobertSabbatini.
profileprofile used
/add
clerkFlow
clerkFlow Bot2025-12-10 07:35 p.m.
Case Modified
@profile has added @RichardM to the case channel.
profile
profile 2025-12-10 07:36 p.m.
Presiding Honourable Magistrate Judge, @robert
RichardM
RichardM 2025-12-10 09:34 p.m.
hello your honor
RichardM
RichardM 2025-12-11 08:53 p.m.
@emp.
RichardM
RichardM 2025-12-11 08:53 p.m.
@robert hello your honor can u summon emprael2223
robert
robert 2025-12-11 08:54 p.m.
@RichardM I will get to this soon give me a second
robert
robert 2025-12-12 10:14 a.m.
@RichardM I will get around to doing this, i couldn’t review the complaint due to the trello being down and it’s 2:14am
robert
robert 2025-12-12 10:14 a.m.
I understand this is causing delay to you, and I apologise.
robertrobert
I understand this is causing delay to you, and I apologise.
RichardM
RichardM 2025-12-12 07:57 p.m.
Okay thanks
robertrobert used
/summon
clerkFlow
clerkFlow Bot2025-12-13 03:15 a.m.
:white_check_mark: Successfully summoned @emp.(edited)
robertrobert used
/add
clerkFlow
clerkFlow Bot2025-12-13 03:17 a.m.
Case Modified
@robert has added @emp. to the case channel.
robert
robert 2025-12-13 03:22 a.m.
MINUTE ORDER The Complaint is ACCEPTED for filing. IT IS ORDERED: a SUMMONS is hereby issued to Defendant Empyrael2223, who shall appear and respond to this action. Defendant shall file an Answer within five (5) days of service as to claims in his individual capacity, and seven (7) days as to claims in his official capacity. A pre-trial period of ten (10) days is set, commencing upon service. SO ORDERED. (Signed, /s/ Robert Sabbatini, Magistrate Judge)(edited)
robertrobert used
/summon
clerkFlow
clerkFlow Bot2025-12-13 03:24 a.m.
:white_check_mark: Successfully summoned @actxrz(edited)
robertrobert used
/timer
clerkFlow
clerkFlow Bot2025-12-13 03:24 a.m.
Timer
Thursday, December 18, 2025 at 3:24 a.m. (1 month ago)
robertrobert used
/timer
clerkFlow
clerkFlow Bot2025-12-13 03:24 a.m.
Timer
Saturday, December 20, 2025 at 3:24 a.m. (1 month ago)
robert pinned a message to this channel.2026-01-18 03:12 p.m.
robert
robert 2025-12-13 03:32 a.m.
@RichardM
judicialFLOW
judicialFLOW Bot2025-12-13 12:08 p.m.
(edited)
Appearance Request
Requester: @Charlolel
Party: defendant (emp)
Channel: richardm-v-empyrael2223

A Magistrate Judge or higher may approve or deny below.
Status
:✅: Approved by @robert Request ID: 206740dab8cf47eca58f7ad36bed3489
ApproveDeny
judicialFLOW
judicialFLOW Bot2025-12-13 12:50 p.m.
(edited)
Appearance Request
Requester: @sinz
Party: plaintiff richardm
Channel: richardm-v-empyrael2223

A Magistrate Judge or higher may approve or deny below.
Status
:✅: Approved by @robert Request ID: 0283f7a4a48b485ba691e8cf3a74baac
ApproveDeny
judicialFLOW
judicialFLOW Bot2025-12-13 05:43 p.m.
(edited)
Appearance Request
Requester: @actxrz
Party: state
Channel: richardm-v-empyrael2223

A Magistrate Judge or higher may approve or deny below.
Status
:✅: Approved by @robert Request ID: de627d41675c49bb9e4c7e81e8089d43
ApproveDeny
judicialFLOW
judicialFLOW Bot2025-12-13 06:12 p.m.
@Charlolel appears for defendant (emp) (approved by @robert).
judicialFLOW pinned a message to this channel.2026-01-18 03:12 p.m.
judicialFLOW
judicialFLOW Bot2025-12-13 06:12 p.m.
@sinz appears for plaintiff richardm (approved by @robert).
judicialFLOW pinned a message to this channel.2026-01-18 03:12 p.m.
judicialFLOW
judicialFLOW Bot2025-12-13 06:12 p.m.
@actxrz appears for state (approved by @robert).
judicialFLOW pinned a message to this channel.2026-01-18 03:12 p.m.
robert
robert 2025-12-13 06:13 p.m.
Welcome everyone
Charlolel
Charlolel 2025-12-13 06:13 p.m.
hello
sinz
sinz 2025-12-13 06:13 p.m.
:👋:
actxrz
actxrz 2025-12-13 06:13 p.m.
hi
Charlolel
Charlolel 2025-12-15 03:56 p.m.
for the record the civil complaint was accepted as is this right @robert
Charlolel
Charlolel 2025-12-15 03:58 p.m.
because @RichardM is a tourist
Charlolel
Charlolel 2025-12-15 03:58 p.m.
hes not a resident of the state
Charlolel
Charlolel 2025-12-15 03:58 p.m.
Charlolel
Charlolel 2025-12-15 04:01 p.m.
I would also strongly suggest the lawyer actually review the civil complaint
Charlolel
Charlolel 2025-12-15 04:01 p.m.
because he didnt sign it
Charlolel
Charlolel 2025-12-15 04:01 p.m.
and it shows
Charlolel
Charlolel 2025-12-15 04:02 p.m.
the plaintiff doesn't seem to understand the laws of the united states or constitutional la
Charlolel
Charlolel 2025-12-15 04:02 p.m.
anyways expect a motion to dismiss very soon
Charlolel
Charlolel 2025-12-15 04:02 p.m.
and a counter-suit
sinz
sinz 2025-12-15 04:02 p.m.
That was all unnecessary
Charlolel
Charlolel 2025-12-15 04:02 p.m.
what is?
Charlolel
Charlolel 2025-12-15 04:02 p.m.
Defendant Empyrael2223 exited his vehicle and discharged his firearm
multiple times at the Plaintiff’s fleeing vehicle
Charlolel
Charlolel 2025-12-15 04:02 p.m.
hit and run
sinz
sinz 2025-12-15 04:02 p.m.
Make a motion if you want to
Charlolel
Charlolel 2025-12-15 04:02 p.m.
and hes surprised he gets shot?
Charlolel
Charlolel 2025-12-15 04:02 p.m.
The Plaintiff executed a U-turn, resulting in a minor collision with the
Defendant’s vehicle
sinz
sinz 2025-12-15 04:02 p.m.
Interesting
Charlolel
Charlolel 2025-12-15 04:02 p.m.
he admitted it
Charlolel
Charlolel 2025-12-15 04:03 p.m.
did you even read it?
Charlolel
Charlolel 2025-12-15 04:51 p.m.
alright well the motion to dismiss is drafted so is our counter lawsuit
CharlolelCharlolel
for the record the civil complaint was accepted as is this right @robert
Charlolel
Charlolel 2025-12-15 04:51 p.m.
once this is decided we will submit it
sinz
sinz 2025-12-15 04:53 p.m.
If you read through the record
sinz
sinz 2025-12-15 04:53 p.m.
you will see the complaint is accepted
Charlolel
Charlolel 2025-12-15 05:17 p.m.
Ok well the department of justice isn't interested in representing defendant it seems for the record
Charlolel
Charlolel 2025-12-16 08:15 a.m.
ok, well were gonna see how that goes ^
Charlolel
Charlolel 2025-12-16 08:15 a.m.
for now
Charlolel
Charlolel 2025-12-16 08:16 a.m.
submittion motion to dismiss
Charlolel
Charlolel 2025-12-16 08:17 a.m.
as soon as the bot allows me too.. 321 seconds
judicialFLOW
judicialFLOW Bot2025-12-16 08:26 a.m.
@Charlolel please upload attachments for Richardm v. Empyrael2223 now. You can send multiple messages. Type done when finished.
Allowed types: application/pdf, image/jpeg, image/png, image/webp, text/plain
Charlolel
Charlolel 2025-12-16 08:26 a.m.
judicialFLOW
judicialFLOW Bot2025-12-16 08:26 a.m.
@Charlolel accepted 1 file(s). (Total: 1/5)
judicialFLOW
judicialFLOW Bot2025-12-16 08:26 a.m.
@Charlolel You can upload 4 more — or type done.
Charlolel
Charlolel 2025-12-16 08:26 a.m.
done
UserUser
Message could not be loaded.
judicialFLOW
judicialFLOW Bot2025-12-16 08:26 a.m.
Uploaded 1/1 file(s).
Charlolel
Charlolel 2025-12-16 08:26 a.m.
@robert respectfully submitted
robert
robert 2025-12-17 03:37 a.m.
MINUTE ORDER: The Court is in receipt of Defendant's Motion to Dismiss. Plaintiff shall file a Response in Opposition within forty eight (48) hours. Defendant may file a reply within twenty four (24) hours thereafter, if desired. The Court will rule on the papers. SO ORDERED. (/s/ Robert Sabbatini, District Judge)

-# cc: @Charlolel @sinz
robert pinned a message to this channel.2026-01-18 03:12 p.m.
robertrobert used
/timer
clerkFlow
clerkFlow Bot2025-12-17 03:37 a.m.
Timer
Friday, December 19, 2025 at 3:37 a.m. (1 month ago)
judicialFLOW
judicialFLOW Bot2025-12-17 04:12 p.m.
@Charlolel please upload attachments for Richardm v. Empyrael2223 now. You can send multiple messages. Type done when finished.
Allowed types: application/pdf, image/jpeg, image/png, image/webp, text/plain
Charlolel
Charlolel 2025-12-17 04:12 p.m.
judicialFLOW
judicialFLOW Bot2025-12-17 04:12 p.m.
@Charlolel accepted 1 file(s). (Total: 1/5)
judicialFLOW
judicialFLOW Bot2025-12-17 04:12 p.m.
@Charlolel You can upload 4 more — or type done.
Charlolel
Charlolel 2025-12-17 04:12 p.m.
done
Charlolel
Charlolel 2025-12-17 04:12 p.m.
done
UserUser
Message could not be loaded.
judicialFLOW
judicialFLOW Bot2025-12-17 04:12 p.m.
Uploaded 1/1 file(s).
judicialFLOW
judicialFLOW Bot2025-12-17 08:29 p.m.
@sinz please upload attachments for Richardm v. Empyrael2223 now. You can send multiple messages. Type done when finished.
Allowed types: application/pdf, image/jpeg, image/png, image/webp, text/plain
sinz
sinz 2025-12-17 08:29 p.m.
judicialFLOW
judicialFLOW Bot2025-12-17 08:29 p.m.
@sinz accepted 1 file(s). (Total: 1/5)
sinz
sinz 2025-12-17 08:29 p.m.
done
judicialFLOW
judicialFLOW Bot2025-12-17 08:29 p.m.
@sinz You can upload 4 more — or type done.
sinz
sinz 2025-12-17 08:29 p.m.
done
UserUser
Message could not be loaded.
judicialFLOW
judicialFLOW Bot2025-12-17 08:29 p.m.
Uploaded 1/1 file(s).
sinz
sinz 2025-12-17 08:30 p.m.
@robert my response is in, thank you
robertrobert used
/timer
clerkFlow
clerkFlow Bot2025-12-17 10:43 p.m.
Timer
Thursday, December 18, 2025 at 10:43 p.m. (1 month ago)
robert
robert 2025-12-17 10:43 p.m.
response or waived ? @Charlolel
Charlolel
Charlolel 2025-12-18 03:25 a.m.
no expect a response
Charlolel
Charlolel 2025-12-18 05:30 a.m.
for the record I would like to thanks @sinz for not waiting the full 48h for submitting a response though, very appreciative for being fast :❤️:
judicialFLOW
judicialFLOW Bot2025-12-18 06:05 a.m.
@Charlolel please upload attachments for Richardm v. Empyrael2223 now. You can send multiple messages. Type done when finished.
Allowed types: application/pdf, image/jpeg, image/png, image/webp, text/plain
Charlolel
Charlolel 2025-12-18 06:05 a.m.
judicialFLOW
judicialFLOW Bot2025-12-18 06:05 a.m.
@Charlolel accepted 1 file(s). (Total: 1/5)
judicialFLOW
judicialFLOW Bot2025-12-18 06:05 a.m.
@Charlolel You can upload 4 more — or type done.
Charlolel
Charlolel 2025-12-18 06:05 a.m.
done
Charlolel
Charlolel 2025-12-18 06:05 a.m.
filled
judicialFLOW
judicialFLOW Bot2025-12-18 06:05 a.m.
@Charlolel No attachments in that message. Upload file(s) or type done to finish.
Charlolel
Charlolel 2025-12-18 06:05 a.m.
done
UserUser
Message could not be loaded.
judicialFLOW
judicialFLOW Bot2025-12-18 06:05 a.m.
Uploaded 1/1 file(s).
Charlolel
Charlolel 2025-12-18 06:05 a.m.
cc @robert
sinz
sinz 2025-12-18 02:16 p.m.
@robert Just want to add to my knowledge state isnt going to represent emp
sinz
sinz 2025-12-18 02:16 p.m.
so he is not entitled to QI
Charlolel
Charlolel 2025-12-18 02:23 p.m.
Well the state can appear if they want to tell the court that they wont represent him
Charlolel
Charlolel 2025-12-18 02:23 p.m.
eitherways my motion were constructed to work even if QI isn't possible
Charlolel
Charlolel 2025-12-18 02:24 p.m.
motions*
Charlolel
Charlolel 2025-12-18 03:04 p.m.
If needed we will file a motion under rule 14(a)
judicialFLOW
judicialFLOW Bot2025-12-19 11:31 p.m.
@Charlolel please upload attachments for Richardm v. Empyrael2223 now. You can send multiple messages. Type done when finished.
Allowed types: application/pdf, image/jpeg, image/png, image/webp, text/plain
Charlolel
Charlolel 2025-12-19 11:31 p.m.
judicialFLOW
judicialFLOW Bot2025-12-19 11:31 p.m.
@Charlolel accepted 1 file(s). (Total: 1/5)
judicialFLOW
judicialFLOW Bot2025-12-19 11:31 p.m.
@Charlolel You can upload 4 more — or type done.
Charlolel
Charlolel 2025-12-19 11:31 p.m.
done
UserUser
Message could not be loaded.
judicialFLOW
judicialFLOW Bot2025-12-19 11:31 p.m.
Uploaded 1/1 file(s).
Charlolel
Charlolel 2025-12-19 11:31 p.m.
@robert filled
Charlolel
Charlolel 2025-12-19 11:32 p.m.
@sinz
CharlolelCharlolel
Click to see attachment.
Charlolel
Charlolel 2025-12-20 12:00 a.m.
We also have this for exhibit b https://docs.google.com/document/d/1JAlgysRPmy4IFQk36TEW2q_8M6CflP8iiUn316-g63o/edit?usp=sharing
CSIU - AOPC - richardm
AFFIDAVIT OF PROBABLE CAUSE I, Master Police Officer Empyrael2223, hereby depose and state as follows: I. INTRODUCTION I, the undersigned affiant, am an investigator employed by the Mersea Police Department’s Controlled Substances Interdiction Unit, I have been employed as such since September...
robert
robert 2025-12-20 06:06 a.m.
chamber-information
robert
robert 2025-12-21 12:03 a.m.
MINUTE ORDER: The Court is in receipt of Defendant's motion to strike sham pleading (Mayfl. R. Civ. P. 14). Plaintiff shall file a Response in opposition within forty-eight (48) hours. Defendant may file a reply within twenty-four (24) hours thereafter. The Court will rule on the Motion to Dismiss and the Motion to Strike together upon completion of briefing. SO ORDERED. (/s/ Robert Sabbatini, District Judge)

@Charlolel @sinz
robertrobert
MINUTE ORDER: The Court is in receipt of Defendant's motion to strike sham pleading (Mayfl. R. Civ. P. 14). Plaintiff shall file a Response in opposition within **forty-eight (...
sinz
sinz 2025-12-21 12:28 a.m.
Your honor can we just disregard the sham pleading motion
sinz
sinz 2025-12-21 12:28 a.m.
its meritless and not worth a response
sinz
sinz 2025-12-21 12:29 a.m.
he’s alleging it’s a sham because it says he was not an immediate threat and to support the claim they say the plaintiff committed a prior crime
sinz
sinz 2025-12-21 12:29 a.m.
even if true a prior crime ≠ an immediate threat
sinz
sinz 2025-12-21 12:31 a.m.
I see what the defense was aiming for but it’s meritless
sinz
sinz 2025-12-21 12:32 a.m.
and simply not worth a response
robert
robert 2025-12-21 12:32 a.m.
@sinz Is this you waiving your response?
robert
robert 2025-12-21 12:33 a.m.
or I could accept your responses as the informal opposition
sinz
sinz 2025-12-21 12:33 a.m.
No your honor it’s me asking you to just deny the pleading as meritless because a prior crime does not = an immediate threat
sinz
sinz 2025-12-21 12:34 a.m.
I feel as though it’s a waste of everyone’s time for me to formally explain this
robert
robert 2025-12-21 12:34 a.m.
well no
robert
robert 2025-12-21 12:34 a.m.
I like a clean record
sinz
sinz 2025-12-21 12:34 a.m.
okay
Charlolel
Charlolel 2025-12-21 12:34 a.m.
Can we get ruling on mtd? @robert
robert
robert 2025-12-21 12:35 a.m.
Did you not read my order or?
CharlolelCharlolel
Can we get ruling on mtd? @robert
sinz
sinz 2025-12-21 12:35 a.m.
that makes sense
Charlolel
Charlolel 2025-12-21 12:35 a.m.
Oh
robert
robert 2025-12-21 12:35 a.m.
No.
robert
robert 2025-12-21 12:35 a.m.
@sinz Am I treating your responses as a informal opposition
robert
robert 2025-12-21 12:35 a.m.
or are you going to file a paper copy
sinz
sinz 2025-12-21 12:37 a.m.
I’ll have an informal opposition soon, I just want to make sure my point is received, I thought the motion was meritless on it’s face but I’m not so sure the court agrees so I will go ahead and make an argument
sinz
sinz 2025-12-21 12:38 a.m.
Will you be online for a little bit I can have that argument ready for you soon @robert
sinz
sinz 2025-12-21 12:38 a.m.
otherwise ill just do it tomorrow
judicialFLOW
judicialFLOW Bot2025-12-21 12:57 a.m.
@sinz please upload attachments for Richardm v. Empyrael2223 now. You can send multiple messages. Type done when finished.
Allowed types: application/pdf, image/jpeg, image/png, image/webp, text/plain
sinz
sinz 2025-12-21 12:57 a.m.
judicialFLOW
judicialFLOW Bot2025-12-21 12:57 a.m.
@sinz accepted 1 file(s). (Total: 1/5)
judicialFLOW
judicialFLOW Bot2025-12-21 12:57 a.m.
@sinz You can upload 4 more — or type done.
sinz
sinz 2025-12-21 12:57 a.m.
done
UserUser
Message could not be loaded.
judicialFLOW
judicialFLOW Bot2025-12-21 12:57 a.m.
Uploaded 1/1 file(s).
sinz
sinz 2025-12-21 12:58 a.m.
@robert @Charlolel
sinz
sinz 2025-12-21 01:06 a.m.
Plaintiff, respectfully requests that this Court take JUDICIAL NOTICE of the following adjudicative facts and binding statutory provisions that are dispositive to the Defendant’s claim of Qualified Immunity.

The record in this matter reflects that Defendant Empyrael2223 is represented by private counsel, Tomskipetski5.

The Solicitor General and the Department of Justice have not filed an Answer, or any other pleading indicating they are defending the officer in this action.

Under 5 M.S.C. 1 § 3202.5, the Solicitor General has the discretion to refuse to defend an agent of the government if they acted "manifestly outside the scope of lawful authority." The absence of the Solicitor General's answer or other pleadings constitutes a constructive refusal to defend.

Plaintiff requests that the Court take notice of 5 M.S.C. 1 § 3202.6, which explicitly governs this scenario. The statute mandates:

"Qualified immunity shall not be a valid affirmative defense if the Solicitor General refuses to defend an agent of the government."

Because the Solicitor General has not defended the Defendant, the Defendant is statutorily barred from raising Qualified Immunity as an affirmative defense. Any motion or argument relying on such immunity is legally void ab initio under Section 3202.6. Plaintiff respectfully requests that the Court apply this statutory bar to all current and future proceedings in this matter. Unless defendant separately petitions this court for Qualified Immunity.
sinz
sinz 2025-12-21 01:06 a.m.
@robert
Charlolel
Charlolel 2025-12-21 01:18 a.m.
He hasn't refused to defend him on the record, more like he neglected this case
sinzsinz
Will you be online for a little bit I can have that argument ready for you soon @robert
robert
robert 2025-12-21 01:37 a.m.
i’ll be online all night tonight and tomorrow AEDT so up to you
robert
robert 2025-12-21 01:37 a.m.
wether or not it’s meritless i want a brief
robert
robert 2025-12-21 01:38 a.m.
ok u filed it nvm
robert
robert 2025-12-21 01:38 a.m.
i responded before i read the entire chat
actxrz
actxrz 2025-12-21 07:15 a.m.
ya dude ima neglect a case u already submit an mtd for
actxrz
actxrz 2025-12-21 07:15 a.m.
i’m sure robert would love to rule on 2 separate motions
actxrz
actxrz 2025-12-21 07:15 a.m.
:😭:
actxrz
actxrz Server2025-12-21 07:16 a.m.
actxrz
actxrz 2025-12-21 07:16 a.m.
my docket BTW . :🤪: :🤪:
actxrzactxrz
my docket BTW . :🤪: :🤪:
Charlolel
Charlolel 2025-12-21 07:16 a.m.
hire me
actxrz
actxrz 2025-12-21 07:16 a.m.
erm
actxrz
actxrz 2025-12-21 07:16 a.m.
dm me, we’ll chat
Charlolel
Charlolel 2025-12-21 07:16 a.m.
:😂:
robert
robert 2025-12-21 03:47 p.m.
can you guys not talk about career progression on the record
robert
robert 2025-12-21 03:47 p.m.
@actxrz are u representing the state or not
robert
robert 2025-12-21 03:47 p.m.
depending on my ruling
sinzsinz
Plaintiff, respectfully requests that this Court take JUDICIAL NOTICE of the following adjudicative facts and binding statutory provisions that are dispositive to the Defendant’s c...
sinz
sinz 2025-12-21 04:01 p.m.
@robert can you take judicial notice of this
robertrobert
@actxrz are u representing the state or not
actxrz
actxrz 2025-12-21 04:21 p.m.
yes
actxrz
actxrz 2025-12-21 04:21 p.m.
and tomskip represents the state as well
actxrz
actxrz 2025-12-21 04:21 p.m.
:🧟:
sinz
sinz 2025-12-21 04:30 p.m.
@robert there has been no answer from the state are they not in default?
sinz
sinz 2025-12-21 04:31 p.m.
tomskip did not represent the state until now
sinz
sinz 2025-12-21 04:40 p.m.
I'll be providing a supplemental brief shortly on my QI argument because I was under the impression the state would not be representing Mr. Empyrael
robert
robert 2025-12-21 05:28 p.m.
@actxrz his representing the defendant in his individual capacity
robert
robert 2025-12-21 05:29 p.m.
this was not notified earlier that he would be representing the State
sinzsinz
@robert can you take judicial notice of this
robert
robert 2025-12-21 05:29 p.m.
i’ve taken notice
robert
robert 2025-12-21 05:29 p.m.
The filings are already made on behalf of the defendant in his individual capacity
robert
robert 2025-12-21 05:29 p.m.
if the State is in default, write a motion and ill assess @sinz
sinz
sinz 2025-12-21 05:30 p.m.
@actxrz normally I drop the state when they arent defending
sinz
sinz 2025-12-21 05:30 p.m.
can you clarify whether the state is defending empy
sinzsinz
I'll be providing a supplemental brief shortly on my QI argument because I was under the impression the state would not be representing Mr. Empyrael
sinz
sinz 2025-12-21 05:37 p.m.
Qualified Immunity must be denied at the dismissal stage because the Court is required to accept the Plaintiff’s factual allegations as true. The Complaint alleges that the Defendant used lethal force against a motorist who was merely fleeing from a "minor traffic collision" and "posed no immediate threat of death or serious physical injury". Under these facts, the Defendant’s conduct violates the clearly established "right to life" and "freedom from unreasonable seizure" defined by the bright-line rule in Tennessee v. Garner: a police officer may not seize an unarmed, non-dangerous suspect by shooting them dead. Because the Plaintiff has successfully pleaded a violation of a clearly established right, the Defendant is not entitled to immunity as a matter of law.

Furthermore, the Defendant’s reliance on Scott v. Harris is erroneous, as that case did not establish a per se rule justifying deadly force in every vehicular pursuit. In Scott, the Supreme Court’s decision was predicated on a video record that "blatantly contradicted" the driver’s story, depicting a "Hollywood-style car chase" involving extreme speeds, swerving around a dozen cars, and forcing multiple motorists off the road. Conversely, this case involves "mere flight" without any alleged high-speed maneuvers or imminent danger to the public. Scott permits force to stop a reckless driver who poses an actual, imminent threat to innocent bystanders, it does not authorize the summary execution of a driver involved in a low-speed accidental collision

Finally, the Defendant’s assertion that the Plaintiff was a "homicide suspect" is an extrinsic factual claim that contradicts the four corners of the Complaint and cannot be resolved at the motion to dismiss stage. Whether a suspect's actions "have risen to a level warranting deadly force" remains a "question of fact" that I believe is best reserved for a later stage. Even if true, even homicide suspects do not have an automatic license to be killed. Empy changed his without lights or sirens and when he got close enough he killed him over a minor traffic collision. He did not face an immediate threat like the defense claims. The Court must draw all reasonable inferences in favor of the Plaintiff and allow the case to proceed.
sinz
sinz 2025-12-21 05:39 p.m.
Empy chased the defendant without lights or sirens and when he got close enough he killed him over a minor traffic collision.*
sinz
sinz 2025-12-21 05:47 p.m.
sinz
sinz 2025-12-21 05:47 p.m.
wont let me upload for some reason
sinz
sinz 2025-12-21 05:47 p.m.
ill try again later
sinzsinz
can you clarify whether the state is defending empy
actxrz
actxrz 2025-12-21 06:31 p.m.
theres so many of these omfg
actxrz
actxrz 2025-12-21 06:32 p.m.
idek what empy did gng
actxrz
actxrz 2025-12-21 06:32 p.m.
pls send me video and in big bold letters put EMPY
actxrz
actxrz 2025-12-21 06:35 p.m.
NOTICE OF NON-REPRESENTATION OF INDIVIDUAL DEFENDANT AND LIMITATION OF STATE APPEARANCE
Upon further review of the incident, and pursuant to 5 M.S.C. 1 §§ 3202.5, 3202.6, and 3202.9, the State of Mayflower, by and through the Solicitor General, hereby provides notice that the State will not represent Defendant empyrael2223 in any capacity in the matter of richardm-v-empyrael2223.

After review, the Solicitor General has determined that the conduct alleged as to doodi72 was undertaken in an individual capacity, or otherwise outside the laws, directives, orders, policies, or standard operating procedures of the State and the Mersea Police Department. Accordingly, the State declines defense, indemnification, or appearance on behalf of empyrael2223.

The State further gives notice that:
1. The State continues to appear and defend the Mersea Police Department as a governmental entity, subject to all applicable defenses and immunities available to the agency;
2. The State disclaims that empyrael2223 was acting in an official capacity on behalf of the DEPARTMENT with respect to the conduct alleged;
3. Any defenses or immunities contingent upon State representation, including qualified immunity, are unavailable to empyrael2223 pursuant to § 3202.6; and
4. Any liability alleged against empyrael2223, if established, lies solely in his individual capacity pursuant to § 3202.9.

Nothing in this notice constitutes an adjudication of fact or law.

Respectfully submitted,
/s/ actxrz (1009202)
State Solicitor General
Office of the Solicitor General
Mayflower Department of Justice
actxrz
actxrz 2025-12-21 06:36 p.m.
This court strictly enforces the requirement that complaints plead sufficient factual matter to state a plausible claim for relief and has recently required plaintiffs to show cause where conclusory allegations fail to satisfy that standard. See Minute Order to Show Cause Why Action Should Not Be Dismissed as to Certain Parties, richardm v. Xotlkz, et al., No. CV-537-25 (Mayflower Dist. Ct. Dec. 12, 2025) (paperless order); see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007).
actxrz
actxrz 2025-12-21 06:36 p.m.
@robert
sinz
sinz 2025-12-21 06:37 p.m.
plaintiff will go ahead and drop his claims against the state now
actxrz
actxrz 2025-12-21 06:37 p.m.
and
actxrz
actxrz 2025-12-21 06:37 p.m.
just for the record, this isnt bc of plaintiff's motion for entry of default
actxrz
actxrz 2025-12-21 06:37 p.m.
actxrz
actxrz 2025-12-21 06:37 p.m.
my initial reaction to the video
actxrz
actxrz 2025-12-21 06:38 p.m.
https://discord.com/channels/1274202187911790632/1450835529485520946
actxrz
actxrz 2025-12-21 06:38 p.m.
u not singhski twin :💔:
actxrzactxrz
Click to see attachment.
Charlolel
Charlolel 2025-12-21 06:42 p.m.
I once again refer the court to review the sham motion
Charlolel
Charlolel 2025-12-21 06:42 p.m.
With the full video that isn't cropped
Charlolel
Charlolel 2025-12-21 06:43 p.m.
@robert
actxrz
actxrz 2025-12-21 06:43 p.m.
uhm
Charlolel
Charlolel 2025-12-21 06:46 p.m.
This case shouldn't be moving forward under the conditions at hand where the original complaint is completely misleading this court the facts are very obivious if you look at exhibit a of the motion we submitted
Charlolel
Charlolel 2025-12-21 06:47 p.m.
https://medal.tv/fr/games/roblox/clips/lEk99IJBnnqxslj8I?invite=cr-MSxUdVksMjIxNTE4OTgy&v=108
emp12
richardm fdm x2 - Clippe Roblox avec Medal.tv
107 Vues - Regarde richardm fdm x2 de emp12 et des millions d'autres vidéos Roblox sur Medal. #roblox, #clarkcounty
sinz
sinz 2025-12-21 06:47 p.m.
it's not misleading the court. an alleged prior crime does not = immediate threat
sinz
sinz 2025-12-21 06:47 p.m.
officers arent judges(edited)
sinz
sinz 2025-12-21 06:47 p.m.
they cant just sentence someone to death for a prior crime
sinz
sinz 2025-12-21 06:48 p.m.
there needs to be an actual immediate threat
Charlolel
Charlolel 2025-12-21 06:48 p.m.
This is called fleeing felon doctrine thank you
Charlolel
Charlolel 2025-12-21 06:48 p.m.
If you commit crimes you cannot sue for damages that you suffered from committing crimes as well
sinz
sinz 2025-12-21 06:49 p.m.
Tennessee v. Garner does not help you
actxrz
actxrz 2025-12-21 06:50 p.m.
fleeing felon doctrine is void BTW
actxrz
actxrz 2025-12-21 06:50 p.m.
pls see tenn v garner :/
Charlolel
Charlolel 2025-12-21 06:50 p.m.
can the state be removed from the chat
Charlolel
Charlolel 2025-12-21 06:50 p.m.
hes not even representing anyone here
actxrz
actxrz 2025-12-21 06:50 p.m.
claims against mpd have not been dismissed yet twin
actxrz
actxrz 2025-12-21 06:50 p.m.
cool down
sinzsinz
plaintiff will go ahead and drop his claims against the state now
Charlolel
Charlolel 2025-12-21 06:51 p.m.
??
actxrz
actxrz 2025-12-21 06:51 p.m.
im lookin for the order from the honorable robert sabs
CharlolelCharlolel
This is called fleeing felon doctrine thank you
actxrz
actxrz 2025-12-21 06:54 p.m.
when the suspect is fleeing and doesn't pose an objectively imminent threat at the moment force is applied, past criminal acts (no matter how serious) do not justify lethal force
actxrz
actxrz 2025-12-21 06:54 p.m.
this whole lfa shit is stupid
Charlolel
Charlolel 2025-12-21 07:01 p.m.
https://www.youtube.com/watch?v=WCVzbbI7O24
Mr_Sinz
richardm murdered by cop
Charlolel
Charlolel 2025-12-21 07:01 p.m.
Look at the plaintiff own video
Charlolel
Charlolel 2025-12-21 07:02 p.m.
First of all he's reckless driving, then saw the officer and decided to go on the opposide side of the road to desync him and causing a colission on purpose then started to flee
Charlolel
Charlolel 2025-12-21 07:02 p.m.
But this is 30 seconds cropped from the entire incident, the defense video is almost 2 minutes long in comparaison.
Charlolel
Charlolel 2025-12-21 07:43 p.m.
Also the court should note that the plaintiff attorney was already sanctionned for this kind of behavior @robert
sinz
sinz 2025-12-21 07:57 p.m.
Your honor can richardm get a no contact order against mr tomskipetski
sinz
sinz 2025-12-21 07:58 p.m.
he has made harassing contact with the plaintiff telling him to drop the case and to leave empyrael alone
sinz
sinz 2025-12-21 07:58 p.m.
contacting a person represented by an attorney is also a violation of the code of ethics for attorneys
Charlolel
Charlolel 2025-12-21 08:02 p.m.
Refer this to the Bar please? Thanks
sinz
sinz 2025-12-21 08:02 p.m.
Well now it concerns the court since you made harassing contact with the plaintiff
sinz
sinz 2025-12-21 08:03 p.m.
Please do not make contact with richardm again he does not wish to speak to you
robert
robert 2025-12-22 05:53 a.m.
ORDER ON PENDING MOTIONS
Richardm v. Empyrael2223 | CV-535-25

Having reviewed all filings, the Court rules as follows:

1. Qualified Immunity - The Solicitor General has declined to represent Defendant. Pursuant to 5 M.S.C. 1 § 3202.6, Qualified Immunity is UNAVAILABLE to Defendant Empyrael2223.

2. Motion to Dismiss - DENIED. On a Rule 13(b)(6) motion, the Court must accept the Complaint's allegations as true. The Complaint alleges Plaintiff posed no immediate threat and was shot while fleeing a minor collision. These facts, if proven, state a claim under Tennessee v. Garner. Defendant's assertion that Plaintiff was a "fleeing felon" is outside the Complaint and cannot be considered at this stage.

3. Motion to Strike Sham Pleading - DENIED. A factual dispute over threat level is not a "sham." Rule 14 is for fabricated pleadings, not contested facts. Defendant may raise his evidence at summary judgment.

4. Claims Against State/MPD - DISMISSED WITHOUT PREJUDICE per Plaintiff's request. Motion for Entry of Default is MOOT.

5. ADMONITION - Counsel shall cease cross-talk in this channel. Speak only when filing or responding to the Court. Violations may result in sanctions. The case proceeds against Defendant in his individual capacity. Parties shall propose a discovery schedule within five (5) days.

SO ORDERED. /s/ Robert Sabbatini, District Judge(edited)
robertrobert used
/timer
clerkFlow
clerkFlow Bot2025-12-22 05:54 a.m.
Timer
Saturday, December 27, 2025 at 5:54 a.m. (3 weeks ago)
robert
robert 2025-12-22 05:58 a.m.
@sinz @Charlolel @actxrz
robertrobert used
/remove
clerkFlow
clerkFlow Bot2025-12-22 05:58 a.m.
Case Modified
@robert has removed @actxrz from the case channel.
robert pinned a message to this channel.2026-01-18 03:12 p.m.
judicialFLOW
judicialFLOW Bot2025-12-23 02:45 a.m.
@sinz please upload attachments for Richardm v. Empyrael2223 now. You can send multiple messages. Type done when finished.
Allowed types: application/pdf, image/jpeg, image/png, image/webp, text/plain
sinz
sinz 2025-12-23 02:45 a.m.
judicialFLOW
judicialFLOW Bot2025-12-23 02:45 a.m.
@sinz accepted 1 file(s). (Total: 1/5)
judicialFLOW
judicialFLOW Bot2025-12-23 02:45 a.m.
@sinz You can upload 4 more — or type done.
sinz
sinz 2025-12-23 02:45 a.m.
done
UserUser
Message could not be loaded.
judicialFLOW
judicialFLOW Bot2025-12-23 02:45 a.m.
Uploaded 1/1 file(s).
Charlolel
Charlolel 2025-12-23 06:21 a.m.
Can we get extension past Christmas break @robert
robert
robert 2025-12-23 08:24 a.m.
chamber-information
robertrobert
ORDER ON PENDING MOTIONS Richardm v. Empyrael2223 | CV-535-25 Having reviewed all filings, the Court rules as follows: 1. Qualified Immunity - The Solicitor Ge...(edited)
Charlolel
Charlolel 2025-12-23 12:19 p.m.
Can we get more information on point 3
Charlolel
Charlolel 2025-12-23 12:19 p.m.
because that's not the foundation we used in the motion
Charlolel
Charlolel 2025-12-23 12:20 p.m.
''pleading contains factual allegations that are demonstrably false, legally impossible, and contradicted by objective evidence submitted by Defendant, and was filed in bad faith for the purpose of delay and harassment.''
Charlolel
Charlolel 2025-12-23 12:21 p.m.
Otherwise we will appeal this to the supreme court
robert
robert 2025-12-23 05:42 p.m.
appeal
robert
robert 2025-12-23 05:43 p.m.
The Court has considered the Defendant’s arguments, including the submission of video evidence. Even accepting that a prior incident occurred, whether Plaintiff posed an “immediate threat” at the moment deadly force was applied remains a question governed by Tennessee v. Garner, not a “demonstrably false” allegation suitable for rule 14 relief. The ruling stands. Defendant may appeal as of right.

@Charlolel
robertrobert
The Court has considered the Defendant’s arguments, including the submission of video evidence. Even accepting that a prior incident occurred, whether Plaintiff posed an “immediate...
Charlolel
Charlolel 2025-12-23 06:20 p.m.
So your chambers are like what happened 30 seconds are irrelevant? :😂:
Charlolel
Charlolel 2025-12-23 06:20 p.m.
prior*
Charlolel
Charlolel 2025-12-23 06:20 p.m.
alright gonna appeal this
Charlolel
Charlolel 2025-12-23 06:20 p.m.
also gonna ask for you to recuse clearly biased
Charlolel
Charlolel 2025-12-23 06:21 p.m.
You are actively being sued by my lawfirm in another case and are using one of my lawfirm employee in another
Charlolel
Charlolel 2025-12-23 06:21 p.m.
suing* not using
sinz
sinz 2025-12-23 06:23 p.m.
I would object i think this judge is reasonable, just because he ruled against you does not mean hes bias. Opposing counsel has a history of attacking people's character just because he doesnt get his way
sinz
sinz 2025-12-23 06:23 p.m.
he attacked me for suing his client and claims i act in bad faith and now hes attacking the judge
sinzsinz
I would object i think this judge is reasonable, just because he ruled against you does not mean hes bias. Opposing counsel has a history of attacking people's character just becau...
Charlolel
Charlolel 2025-12-23 06:24 p.m.
He ruled against the defence not once, but 3 times! With very dubious reasons to do so, at least to the defence !
robert
robert 2025-12-23 06:26 p.m.
How am I bias I don’t even know the plaintiff or the defendant
robert
robert 2025-12-23 06:27 p.m.
ruling against a party is not evidence of bias
Charlolel
Charlolel 2025-12-23 06:27 p.m.
Ok so you also refuse to recuse?
Charlolel
Charlolel 2025-12-23 06:27 p.m.
So make that 4 times
Charlolel
Charlolel 2025-12-23 06:27 p.m.
cc @Kezzera t
Charlolel
Charlolel 2025-12-23 06:27 p.m.
Expect a supreme court appeal on all those questions
Charlolel
Charlolel 2025-12-23 06:27 p.m.
My clients rights are being wiped on the floor literally
robert
robert 2025-12-23 06:28 p.m.
If you believe grounds for recusal exist, you may file a proper motion
robert
robert 2025-12-23 06:30 p.m.
or file a motion to reconsider
robertrobert
or file a motion to reconsider
sinz
sinz 2025-12-24 12:30 a.m.
richardm and @emp. have reached an out of court settlement
sinz
sinz 2025-12-24 12:30 a.m.
plaintiff does not wish to pursue this matter anymore
robert
robert 2025-12-29 05:23 a.m.
I acknowledge the parties have reached a settlement, however Plaintiff shall file a notice of voluntary dismissal or stipulation of dismissal indicating whether dismissal is with or without prejudice and then upon filing, the Court will close this matter

@sinz @Charlolel
Chancellor Cabot ᴘᴄ
Chancellor Cabot ᴘᴄ 2026-01-18 12:16 p.m.
Dismissed with prejudice as a sanction
Chancellor Cabot ᴘᴄ
Chancellor Cabot ᴘᴄ 2026-01-18 12:16 p.m.
https://discord.com/channels/1274202187911790632/1456902754214609041/1462493232087830711
Chancellor Cabot ᴘᴄ
Chancellor Cabot ᴘᴄ 2026-01-18 12:16 p.m.
Archive @Prothonotary's Office
profileprofile used
/transcript
clerkFlow
clerkFlow Bot2026-01-18 12:20 p.m.
Creating transcript..
clerkFlow
clerkFlow Bot2026-01-18 12:20 p.m.
https://discord.com/channels/1274202187911790632/1329678726383927409/1462496830343352341 Successfully created transcript.
clerkFlow
clerkFlow Bot2026-01-18 12:20 p.m.
Channel Permissions Synced
Permissions have been synced to Volume XV.
Exported 279 messages